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Minutes of 10/10/2013 DRAFT

October 15th, 2013

TOWN OF CARROLL
ZONING BOARD OF ADJUSTMENT

MINUTES

October 10, 2013


Members present where: Chairman, Paul Bussiere, Vice Chairman, David Scalley, and members, Joan Karpf and John Trammell.

Also present where: William Dowling, Jeremy Olson, Mike Norman (Horizons Engineering), Carl Brooks, John D’Urso, Frank Maturo, Donna Foster, Bonnie Moroney, Bradford Whipple.

7:00 PM A quorum being present, Chairman Bussiere called the meeting to order.

The Pledge of Allegiance was recited.

Minutes Review:
Minutes of September 12, 2013

Correction by Mr. Scalley on page 4,1st paragraph under Ex-Parte Communications, second sentence, delete “to discourage” and insert “to tell him (Mr. D’Urso) he could not talk to him regarding his application.”

Ms. Karpf offered a motion to approve the minutes as corrected. Mr. Scalley seconded the motion. The vote was 3 – 0 -1 (Mr. Trammell abstained as he wasn’t a member in September). The motion carries.

Unfinished Business:
Amendment of Rules of Procedure re: minimum number of meetings the Board will hold during the year

Chairman Bussiere said the Board discussed adding this amendment to the Rules of Procedure at their September meeting. He said the Board must discuss it at two successive meetings before they vote on it. He said this will not limit how many meetings the Board can have it only sets a minimum of four meetings per year.



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Zoning Board of Adjustment
October 10, 2013

Chairman Bussiere read the amendment:“
“Under MEETINGS #6

6. Minimum number of meetings The members shall meet at least every three (3) months even in the event that no applications are submitted. The number of meetings shall include April for Election of Officers, August to discuss the following year’s budget and September to finalize the budget request.”

Ms. Karpf offered a motion to accept the amendment to the Rules of Procedure for a minimum of four meetings per year. Mr. Scalley seconded the motion. The vote was 4 – 0. The motion carries.

Chairman Bussiere said he has received a letter from Frank Maturo volunteering to sit as an alternate member on the Zoning Board of Adjustment (attached). Discussion took place as to the term of office for an alternate.

Ms. Karpf offered a motion to appoint Frank Maturo to the Zoning Board of Adjustment as an alternate member. Mr. Scalley seconded the motion. The vote was 4 – 0. The motion carries.

Chairman Bussiere said the term of office will be researched for November’s meeting.

Mr. Maturo was invited to sit with the Board, accept information and ask questions but not allowed to vote until he took the Oath of Office.

Public Hearings:
Public Hearing – Application for Special Exception – Map 206 Lot 71 – Twin Mountain Auto – to re-establish sale of all types of motorized vehicles after the use has been discontinued for more than one (1) year. Giovanni Monticello, LLC/John D’Urso agent.

Chairman Bussiere opened the public hearing.

Mr. D’Urso submitted the owner’s certified letter authorizing Mr. D’Urso to act as their Agent. Mr. D’Urso said he wants to re-open the business that was at the location some years ago to sell used cars.
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Zoning Board of Adjustment
October 10, 2013

Ms. Karpf asked what the size of the lot was. After researching, it was found to be ,23 acres. Ms. Karpf asked what the set backs are and the dimensions of the building as well as the square footage of the building. She said, the Board needs the square footage to calculate parking. It was noted that the dimensions are needed regardless of the non-conforming use. Mr. D’Urso gave the Board copies of a rough map. The map had no dimensions noted.

Ms. Karpf also asked about the location of driveways and their width.

Chairman Bussiere asked if there would be any mechanical work being done there. Mr. D’Urso said only very minor repairs such as changing tires.

The Board also asked about lighting. Mr. D’Urso said there are four (4) lights present, one on each corner of the building, all of which are downward lighting and an additional light at the middle of the doorway.

Mr. D’Urso said he will not be using the back of the property. He said there will be no more than twelve (12) vehicles maximum, at a time for sale on the property. He said that includes boats and trailers and other motorized vehicles. He said he will have additional parking inside. Mr. D’Urso said he wants to rehab the building but will not exceed the footprint.

The Board asked about parking for customers. Mr. D’Urso said that is unknown.

Mr. D’Urso said there are two (2) driveways. One is a right-of-way to the resident in the back plus there is an additional curb-cut. He said he has spoken to Mr.McMann of the State DOT in Lancaster about the curb-cuts and Mr. McMann told him there was no problem.

Chairman Bussiere asked if there was anyone present to speak for the project.

Mr. Scalley asked if there was a set-back requirement for the placement of cars. Chairman Bussiere noted that cars are not permanent structures and he will research the question. He said, the Board needs the dimensions of the property and building.

Mr. D’Urso said the signage will be what is presently on the building.

Visibility was discussed. Mr. D’Urso was asked to note the island on his revised map. It was noted that the island is State property.
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Zoning Board of Adjustment
October 10, 2013

Donna Foster said she encourages the opening of new or the re-opening of former businesses in the town.

Chairman Bussiere asked if there was anyone to speak against the project.

Jeremy Olson said he has some concerns but supports the business. He noted the general appearance of the building and gave the Board photos of the property that were taken today. He said he questions landscaping and privacy fencing. Mr. D’Urso said if Mr. Olson wants a fence, he has no problem with that.

Questions were asked regarding hours of operation. Mr. D’Urso said what happens presently is a customer calls him then he goes to the property to meet with the customer.

A question was asked regarding the term “abandon use”. Chairman Bussiere said in the Ordinance it is described as a use that has not taken place for more than a year. He said Section 303.1 g, allows the use by Special Exception. He said it was the Code Enforcement Officer who deemed the use abandon.

Mr. Olson requested the privacy fence so that his home will not be mistaken for part of the business which has happened in the past. He asked that the “appealing” side of the fence face his house.

Mr. Olson said, the right-of-way to his house has not been a problem. Chairman Bussiere suggested a “Do Not Block Access” sign could be placed.

Bathroom facilities were discussed. There were questions regarding water issues. Mr. D’Urso said the bathroom would be for customers. Ms. Karpf asked if that was in the Code Enforcement Officer’s realm as well as making sure the building is up to code.

Bonnie Moroney said there is a large book of what is mandated for a used car lot and questioned if that should be looked into. She said the amount of vehicles (for sale) should be stipulated because the previous owner had them jammed in and they stuck out onto the road and caused blocking (of accesses).

Chairman Bussiere asked the applicant to provide the information requested. He continued the public hearing to November 14, 2013.
Page 5 of 8
Zoning Board of Adjustment
October 10, 2013

Public Hearing – Application for Special Exception – Map 206 Lot 45 – retail store to re-establish a retail business after the use has been discontinued for more than one (1) year – Giovanni Monticello LLC/ John D’Urso agent.
Mr. D’Urso said the same authorization from Giovanni Monticello applies to him being the agent for this project. He said he is Giovanni Monticello Investors.

It was noted that Mr. D’Urso does not have the set-backs noted for this project either. Chairman Bussiere said the Code Enforcement Officers deemed that Mr. D’Urso needs a special exception because this use has not been in operation for over a year. He said the Board needs a diagram with dimensions to figure out the number of (customer) parking spaces. The Board needs the size of the building, and the size of the parking lot. This is for safety reasons. Lighting was asked about

Mr. D’Urso said there are two (2) accesses (curb-cuts). The signage is on the building with a tall sign in the front in the parking area. He said he is not changing any lighting.

Chairman Bussiere asked if anyone wants to speak in favor of the project.

Bradford Whipple of Sugar Hill said all the gas and oil has been removed and the lot has a “clean bill of health”. He said he will help Mr. D’Urso in any way he can. He would like to see Mr. D’Urso succeed. He said he himself has been in business for over 50 years and was a Selectman and also was on the Franconia and Sugar Hill police departmentsas well as having worked for Grafton County.

Mr. Bussiere asked if anyone wanted to speak against the project.

Mr. Scalley asked Mr. D’Urso for permission to do a site walk on both properties. Mr. D”Urso granted permission for an outside site walk.

Chairman Bussiere said with a Special Exception there is also a need for Fire and Life Safety inspections as well as the Code Enforcement Officer’s inspection.

The hours of operation were asked for. Mr. D’Urso said he is not sure yet. He said it will be open seven (7) says a week

Chairman Bussiere continued this public hearing until November 14, 2013.
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Zoning Board of Adjustment
October 10, 2013

Chairman Bussiere asked Mr. D’Urso to get the information requested to the Secretary as soon as possible and she will distribute it to the members. He asked the Board to review the projects and write up their individual notes on each criteria.

Public hearing – Application for Special Exception – Map 419 Lot 15 – to continue excavation of approximately 30,000 cubic yard over a five (5) year period – Carl Brooks-AB Logging/Horizons Engineering

Chairman Bussiere asked for a certified letter from the owner authorizing Horizons Engineering to act as his agent. Mike Norman of Horizons Engineering said he didn’t have that.
Chairman Bussiere said since Carl Brooks, the owner, was present, he would go forward with the public hearing but wanted that letter submitted.

Mr. Karpf asked about the Bretton Woods District and asked if this property was included under that District or if it was outside of the District. She said she wasn’t sure if the Master Plan for Bretton Woods included just the resort and properties under CNL control or not. She said when Mr. Messina came to the Board he didn’t fall under that District. Chairman Bussiere said he would continue with the public hearing but will seek clarification. He said on the tax maps, the property is noted as RB (residential business).

Mr. Norman said historically the property has been used as an excavation and they want to re-establish that use. They want to excavate approximately 30,000 cubic yards of material. Afterwards, as part of the reclamation, they want to have a pond to be of use for the campground Mr. Brooks owns. He said there are no shore-land or wetland issues.

Ms. Karpf said she looked at the history of the property and there is a permit dated 1988 in which is stated that the pit was in violation as the excavation exceeded what the permit was for. It said it must be reclaimed because it was in violation. She asked if it was reclaimed.
.
Mr. Norman said it was never reclaimed.

Ms. Karpf said the initial Special Exception was in violation, it doesn’t look like it was reclaimed and questioned if there can be a permit or Special Exception.



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Zoning Board of Adjustment
October 10, 2013

Chairman Bussiere said if the ZBA does grant a Special Exception now, they must make sure that it is reclaimed. He said the previous violation occurred so long ago he doesn’t think it would be enforceable. He said, this project would need to be bonded. He said this is a way to correct the whole situation.

The Board looked at the plan maps submitted. Mr. Norman said the reclamation, including the pond would have a 3 to 1 slope, the pond would be a maximum of 10 feet deep, it would be 200 by 75 acres and would not be an impoundment. They would excavate to the water table and that would be how they plan to fill the pond.

Mr. Norman said the access to the excavation area will be across the edge of the campground and there will be no machinery stored on the site. There will be no blasting. He said AB Logging has done some test pits. They have planned for 30,000 cubic yards but may get less. There will be no crushing. The hours of operation will be 7:00 AM to 7:00 PM Monday through Saturday.

Ms. Karpf questioned the need for a third party review since she found previously that most of the Board didn’t understand the information on the last excavation project. Chairman Bussiere said inspections should be done periodically to make sure the plan is adhered to.

Chairman Bussiere said the cost of the third party review is borne by the applicant. He suggested getting a review done now. He said we need to get the application and the maps to the Town’s Engineer and ask about water table concerns.

Mr. Scalley asked what would happen if the demand is not there for 30,000 cubic yards in 5 years. Mr. Norman said it (the excavation) will not be ongoing.

Chairman Bussiere continued the public hearing to November 14, 2013.

New Business:
Final budget Request for 2014

Chairman Bussiere said the Zoning Board of Adjustment’s request for 2014 is $2619.00, the same as this year.


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Zoning Board of Adjustment
October 10, 2013

Communications and Miscellaneous:
Chairman Bussiere asked Mr. Trammell if he had received his letter of appointment and asked if he had seen the Town Clerk to take the Oath of Office. Mr. Trammel said yes to both.

Ms. Karpf offered a motion to adjourn. Mr. Scalley seconded the motion. The vote was 4 – 0. The motion carries.

8:52 PM Chairman Bussiere adjourned the meeting.


Respectfully submitted,
Linda J. Dowling
Secretary
Carroll Zoning Board of Adjustment.